Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Notices 55545 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub–No. 5) (2006–

4)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board has approved the 

fourth quarter 2006 rail cost adjustment 

factor (RCAF) and cost index filed by 

the Association of American Railroads. 

The fourth quarter 2006 RCAF 

(Unadjusted) is 1.250. The fourth 

quarter 2006 RCAF (Adjusted) is 0.591. 

The fourth quarter 2006 RCAF–5 is 

0.562. 

DATES: Effective Date: October 1, 2006. 

FOR FURTHER INFORMATION CONTACT: Mac 

Frampton, (202) 565–1541. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

To purchase a copy of the full decision, 

write to, e-mail or call the Board’s 

contractor, ASAP Document Solutions; 

9332 Annapolis Rd., Suite 103, Lanham, 

MD 20706; e-mail asapdc@verizon.net; 

phone (202) 306–4004. [Assistance for 

the hearing impaired is available 

through FIRS: 1–800–877–8339.] 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. 

Decided: September 14, 2006. 

By the Board, Chairman Nottingham, Vice 

Chairman Mulvey and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–8099 Filed 9–21–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Privacy of Consumer Financial 

Information (12 CFR part 40).’’

DATES: You should submit written 

comments by November 21, 2006. 

ADDRESSES: You should direct your 

comments to: 

Communications Division, Office of 

the Comptroller of the Currency, Public 

Information Room, Mailstop 1–5, 

Attention: 1557–0216, 250 E Street, 

SW., Washington, DC 20219. In 

addition, comments may be sent by fax 

to (202) 874–4448, or by electronic mail 

to regs.comments@occ.treas.gov. You 

can inspect and photocopy the 

comments at the OCC’s Public 

Information Room, 250 E Street, SW., 

Washington, DC 20219. You can make 

an appointment to inspect the 

comments by calling (202) 874–5043. 

Additionally, you should send a copy 

of your comments to OCC Desk Officer, 

1557–0216, by mail to U.S. Office of 

Management and Budget, 725, 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary 

Gottlieb, OCC Clearance Officer, or 

Camille Dickerson, (202) 874–5090, 

Legislative and Regulatory Activities 

Division, Office of the Comptroller of 

the Currency, 250 E Street, SW., 

Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection: 

Title: Privacy of Consumer Financial 

Information (12 CFR part 40). 

OMB Number: 1557–0216. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation or to the 

information collection requirements. 

The OCC requests only that OMB 

approve its revised estimates. 

The information collection 

requirements in part 40 are as follows: 

§ 40.4(a)—Disclosure (institution)—

Initial privacy notice to consumers 

requirement—A bank must provide a 

clear and conspicuous notice that 

accurately reflects its privacy policies 

and practices to customers and 

consumers. 

§ 40.5(a)—Disclosure (institution)—

Annual privacy notice to customers 

requirement—A bank must provide a 

clear and conspicuous notice to 

customers that accurately reflects its 

privacy policies and practices not less 

than annually during the continuation 

of the customer relationship. 

§ 40.8—Disclosure (institution)—

Revised privacy notices—If a bank 

wishes to disclose information in a way 

that is inconsistent with the notices 

previously given to a consumer, the 

bank must provide consumers with a 

revised notice of the bank’s policies and 

procedures and a new opt out notice. 

§ 40.7(a)—Disclosure (institution)—

Form of opt out notice to consumers; opt 

out methods—Form of opt out notice—

If a bank is required to provide an optout notice under § 40.10(a), it must 

provide a clear and conspicuous notice 

to each of its consumers that accurately 

explains the right to opt out under that 

section. The notice must state: 

• That the bank discloses or reserves 

the right to disclose nonpublic personal 

information about its consumer to a 

nonaffiliated third party. 

• That the consumer has the right to 

opt out of that disclosure. 

• A reasonable means by which the 

consumer may exercise the opt out 

right. 

The bank must provide reasonable opt 

out means by—

• Designating check-off boxes on the 

relevant forms with opt out notice. 

• Including reply form with opt out 

notice. 

• Providing electronic means to opt 

out. 

• Providing a toll-free number to opt 

out. 

§§ 40.10(a)(2) and 40.10(c)—

Consumers must take affirmative 

actions to exercise their rights to prevent 

financial institutions from sharing their 

information with nonaffiliated parties—

• Opt out—Consumers may direct 

that the bank not disclose nonpublic 

personal information about them to a 

nonaffiliated third party, other than 

permitted by §§ 40.13–40.15. 

• Partial opt out—Consumer may also 

exercise partial opt out rights by 

selecting certain nonpublic personal 

information or certain nonaffiliated 

third parties with respect to which the 

consumer wishes to opt out. 

§§ 40.7(f) and (g)—Reporting 

(consumer)—Consumers may exercise 

continuing right to opt out—Consumer 

may opt out at any time—A consumer’s 

direction to opt out is effective until the 


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